Committee Updates November 2015

Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill

The health and medical law committee submitted a number of amendments to the above bill. Included is an amendment to make the driver of the vehicle vicariously liable where an adult smokes in the car where a child is present. It also proposed an amendment to provide a statutory defence to both the driver and the person smoking, where the driver took all reasonable steps to ensure the offence was not committed by any passenger, and if they or the passenger smoking reasonably believed all other passengers in the car to be adults. In line with its written evidence, the committee has also proposed that e-cigarettes be included within the remit of this bill, until such time more information becomes available as to the long term risks, in particular to children and young people.